JUDGMENT

I. M. QUDDUSI, J. — This will writ application has been filed against the impugned order dated 21.8.2004 passed by the District Judge, Kandhamal, Boudh Phulbani by which petitioner was ordered to show-cause to the effect that when her appointment was made after the expiry of one year from the date of publication of the list, i.e., 19.6.2002 why her services may not be terminated on that ground as her appointment was quite illegal.

2. The brief facts of the case are that the District Judge, Phulbani by order dated 26.5.2000 (Annexure-1) invited applications from the intending candidates for the recruitment examination for filling up two posts of Junior Stenographers in the judgeship of Kandhamal-Boudh-Phulbani. It was specifically mentioned therein that two posts of Junior Stenographers are lying vacant and two posts would likely to be filled up in the event of opening of Courts of Civil Judge (Junior Division) at Kandhamal and Daringibadi.

3. The above mentioned advertisement was made in pursuance of Rule (6) of the appendix A of the Orissa District and Subordi¬nate Courts Ministerial Services (Method of Recruitment And Conditions of Service) Rules, 1969 (for short ‘the Rules’). Before proceeding further, it is necessary to reproduce the aforesaid rules which is as under :

“6. The District Judge shall prepare a list of successful candidates in order of merit and communicate the results of the examination and appoint candidates in the vacancies that have occurred or may occur during the period of one year from the date of publication of the result of the examination. The decision of the District Judge as to the result of the examination shall be final and in no case shall be liable to be challenged.”

4. It is also necessary to reproduce the relevant part of the advertisement dated 26.5.2000 made in pursuance of the letter dated 20.5.2000 of the District Judge for making such advertise¬ment in the newspaper which is as under :

“Dated 26.5.2000

OFFICE OF THE DISTRICT JUDGE, KANDHAMAL, BOUDH PHULBANI

Dated the 20th May, 2000

ADVERTISEMENT

Applications are invited from the intending candidates desirous of appearing at the recruitment examination for filling up two posts of Junior Stenographers in the Judgeship of Kandha¬mal-Boudh, Phulbani, which are lying vacant and two posts would likely to be filled up in the event of opening of Courts of Civil Judge (Jr. Division) at Kandhamal and Daringibadi.

Category Men Women

Scheduled Tribe 1 1

Scheduled Caste 1 -

General - 1

In the event of non-availability of eligible women candi¬dates belonging to any particular community, the vacancy shall be filled up by male candidates of that community.”

5. Needless to mention that the petitioner had applied for the post as woman candidate and appeared in the examination. Consequently the result was declared on 19.6.2001 (Annexure-2). The merit list of the successful general category candidates of Junior Stenographers against the recruitment examination held on 18.3.2001 was made as under :

OFFICE OF THE DISTRICT JUDGE KANDHAMAL BOUDH PHULBANI

Dated the 19th day of June, 2001.

Merit list of Successful Candidates of Junior Stenographers against the Recruitment Examination made on 18.3.2001.

xx xx xx xx xx xx

Sl. No. Roll No. Name of the successful candidates

xx xx xx xx xx xx

Merit list of General Candidates

1. 175 Manjulata Sadangi

2 29 Sagarabala Mallik

xx xx xx

6. We are concerned with the merit list of general candi¬dates in which one Manjulata Sadangi got first position and the name of the petitioner appeared at sl. No.2 of the said merit list.

7. Two posts of Junior Stenographers were created in the month of May, 2002 on creation of two new Courts of J.M.F.C.; one at Daringibadi and another at Kandhamal. Thereafter according to the condition of the advertisement regarding the vacancy the District Judge, Kandhamal, Boudh Phulbani offered appointment for the post of Junior Stenographer